2023-2024 Hostilities and Escalating Violence in the oPt

As the hostilities between Israel and armed groups in Gaza persist and the levels of violence in the West Bank, including East Jerusalem, remain high, this webpage will provide regular updates regarding legal aspects of the evolving situation.

This legal brief examines the actions of the parties to the hostilities that broke out in Israel and Gaza on 7 October 2023 with an attack mounted by Hamas forces and a counteroffensive launched by Israel in the period lasting until 8 November 2023.

These notes highlight the IHL principles on the conduct of hostilities as well as the rules on attacks, detention, treatment of the dead, collective punishment, and reprisals.

This account of events is based on available and verified facts at the time of writing. The page reflects developments in the time period from 7 October 2023 until 7 January 2024.

On 29 December 2023, South Africa instituted proceedings against Israel before the International Court of Justice (ICJ) concerning alleged violations by Israel of its obligations pursuant to the Genocide Convention in the Gaza Strip. On 26 January 2024, the Court rendered an order for the indication of provisional measures. These publications examine key legal aspects of the proceedings.